constitutional machinery will work with ease, or that
on the passing of the Home Rule Bill the disposition,
the traditional feelings, and the sympathies of the
Irish populace will be changed. Suppose that
A is Lord Clanricarde; suppose that
X
is an evicted tenant. It is not common sense
to believe that the judgment in his lordship’s
favour will as a matter of course take effect.
At the present moment the Irish Courts, backed by
the whole authority of the Imperial Government and
the Irish Executive, often find a difficulty in enforcing
their judgments. Will English Courts find it easy
to give effect to a judgment in Ireland if the Irish
Executive and its servants stand neutral or hostile?
What if the Irish House of Commons turn out as unwilling
that force should be used for enforcing the decree
of the Privy Council as are some English Radicals
that force shall be employed for the protection of
free labourers against Trades Unionists? What
if the officer of the Court is in fact some bailiff
trembling for his own life? He may, I am told,
call in the military. Of his authority to do
this I am not quite sure. He must, I suppose,
in the first instance apply to the Irish Home Secretary.
The Irish Minister pressed by the opposition turns
a deaf ear to the appeal of the bailiff. Application
must then be made in some form or other to the English
Ministry. The Imperial Cabinet will think more
than once before horse, foot, and artillery are, against
the wish of the Irish Government, put in movement
to enforce the judgment of a British Court, and to
obtain L1,000 for Lord Clanricarde. The matter
will have become serious; the dignity of the Irish
nation will be at stake; the complaints of the plaintiff
will be drowned by the indignant clamours of eighty
members at Westminster. The essential principle
of the new constitution is that there shall be but
one Executive in Ireland. The moment that the
British Government intervenes to support the judgment
of British Courts, we have in Ireland two hostile
Executives. We tremble on the verge either of
legal revolution or of civil war. An English
Cabinet, I suspect, will hardly enforce the unpopular
rights of a hated plaintiff by use of arms.
Why, it will be said, assume that the Irish Government
and the Irish people will not enforce the law?
The assumption, I answer, is justified not only by
the history of Ireland, but by general experience.
In all federations, even the best ordered, difficulties
constantly arise as to the sphere of the Federal Government
and the State Governments, and as to the enforcement
of judgments delivered by Federal Courts. The
authority of the federal tribunals has not always been
easily enforced even in the United States. Serious
difficulties hamper the action of the Swiss federal
authorities. Even in England enthusiasm or conviction
occasionally triumphs over legality. English clergymen
are at least as reasonable as excited politicians,
yet Ritualists have not invariably submitted to the